Six States of the Federation have dragged the Federal Government before the Supreme Court seeking cancellation of the last February 25, 2023 Presidential and National Assembly elections.
The six states who instituted the suit through their Attorneys General are Adamawa, Akwa Ibom,, Bayelsa, Delta,Edo and Sokoto.
The suit was filed pursuant to section 6 (6)14(3)153(2) and 252 of the 1999 Constitution and inherent jurisdiction of the Apex Court.
They are asking the Supreme Court to invoke relevant provisions of the law to annul the poll based on alleged irregularities and malpractices.
[10:23, 3/3/2023] LADI- ELLA: The States want the apex court to declare that the pronouncement of the candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner of the February 25 presidential election and president-elect based on that election be voided by the court.
They are seeking “A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever.
“A declaration that the fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the presidential election and National Assembly Elections held on Saturday, 25th February 2023 were not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.
In addition, they are seeking “A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
They are also seeking an order of the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”
The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit.
Besides, plaintiffs also filed another application seeking for an order for abridging time for parties to file and serve responses for and against the suit. No date has been fixed for hearing.
The plaintiffs in the originating summons marked: SC/CV/354/2023, are specifically asking for an order of the apex court, “directing a holistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
The suit filed by the Attorneys General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto States has the Attorney General of the Federation as sole respondent and was brought pursuant to Sections 6 (6) (a), 14 (2) (b), 153 (1) (F) and 232 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended); 2. Sections 25 (1), (2) and 3; Sections 60 And 66 Of The Electoral Act, 2022.
“The Federal Government of Nigeria has nonetheless continued to collate results for the Presidential and National Assembly elections, against the provisions of extant Electoral laws and Guidelines, notwithstanding the fundamental flaws identified in the process of the collation of results and the public outcry that has greeted the entire electoral process.
“Whilst queries were being raised as to the failure or deliberate refusal of INEC to transmit the results electronically, INEC suddenly pulled down its portal harbouring the Regulations and Guidelines, thus leaving the plaintiffs in the dark.
“Most Nigerians, including the governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, are entitled to a proper and electoral lawful process and procedure that guarantees a free, fair, transparent and credible election.
“There is no justifiable basis for the ongoing collation of results without compliance with the mandatory provisions of the law that mandatorily require the use of BVAs, electronic transmission to the IRev Portal.
(IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation.
“Whether the Federal Government of Nigeria in the recently held Presidential and National Assembly elections conducted nationwide on 25th February, 2023 through INEC, complied with the mandatory provisions of extant laws, INEC Regulations and Guidelines for the Conduct of Presidential Elections, 2022.
Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation in compliance with the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
